Civil Liberties
Barron v. Baltimore significant to the interpretation of the Bill of Rights
it determined the fifth amendment only applied to actions of the federal government
Constitutional guarantees that protect citizens, opinions, and property are known as civil ____
liberties
based on their experiences with the british, what types of gov action did the framers of teh constitutin seek to protect citizens against?
limitations on speech, censorship, and confiscation of property
symbolic speech
non-verbal communication such as picketing or wearing an arm band to signify protest
indecent or offensive speech or expression that is not protected under the first amendment is known as
obscenity
civil liberties
the constitutionally established guarantees that protect opinions and property against arbitrary gov interference
neutrality
the establishment clause allows the government to provide nonbiased support toward all religious groups
accommodation
the establishment clause allows the government to support any religious group as long as it does not rise to the level of an official state religion
separationism
the establishment clause does not allow for any support of relgious sect
which of the following constitutional amendments establish formal rules from conducting a trial
the fifth amendment and the sixth amendment
the bad tendency test
the government can restrict any speech that has the potential to incite crime or threaten the peace
the clear and present danger test
the government can restrict any speech that poses a threat that the government has the ability to prevent
the clear and probable danger test
the government can restrict any speech to avoid a threat of grave danger, like an armed takeover of the US
Near v. Minnesota
the government could not restrict the publication of a news story accusing Jews of a variety of crimes
New York TImes v. US
the government could not restrict the publication of documents containing information about the Vietnam War that could contribute to an ongoing political debate
Gideon v. wainwright, the supreme court establismed that
the government must provide lawyers to individuals who cannot afford their own attorney
the USA patriot act
the law passed by congress soon after 9/11 attacks that allows the FBI and other intelligence agencies to access personal information and records without consent from the targeted individuals
due process protections
the legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures
selective incorporation
the process by which the supreme court gradually applied freedoms that served some fundamental principle of liberty to the states
The second amendment protects
the right for states to have a well-regulated militia and the right for individuals to possess firearms
right to privacy
the right of the individual to be left alone to make decisions freely
fifth and sixth amendments establish
the right to an attorney and the right to a fair trial
established protections according to Miranda v, Arizona
the right to an attorney and the right to remain silent
sixth amendment protections
the right to counsel, the right to a speedy and public trial, and the right to a trial by jury
sixth amendment protections
the right to counsel, the right to a speedy public trial, and the right to a trial by jury
which of the following fifth amendment protections, if any, have NOT been incorporated as a protection by the supreme court
the right to grand jury indictment
the bad tendency test
the standard whereby any speech that has the potential to incite crime or disturb the peace can be silenced by the government
the clear and present danger test
the standard whereby the government can silence any speech that will pose a threat that the government has the ability to prevent
total incorporation
the theory that the 14th amendment due process clause requires states to uphold freedoms guaranteed in the Bill of rights
supreme court generally interpreted the establisment clause in tehir rulings over time
there is no set interpretation. The court has often shifted back and forth in its opinions
the purpose of the selective service act
to facilitate the military draft
Griswold v. Connecticut
Roe v. Wade
what function do the criminal due process rights in the 4,5,6,8 amendments fulfill
They establish guidelines for law enforcement, trial, and punishment
Supreme court considers ___ as the strictest importance in determining what constitutes a reasonable search
a requirement of a warrant
scrunity of the imminent lawless action test
a website operated by a group that advocates attacks on American citizens that includes weapons training manuals
the second amendment protects and supports which of the following
a well-regulated militia and the right to keep and bear arms well-regulated militia, necessary to the security of a street State, the right of the people to keep and bear arms, shall not be infringed
subject under consideration in Roe v. Wade
abortion
name of the 11798 laws that criminalized any speech or writings critical of the government, congress, or the president
alien and sedition acts
intimate assosiations
allows americans to maintain private human relationships as part of personal liberty
expressive associations
allows people to form associations with others and to practice their first amendment freedoms
The constitutional freedom of religion protects
an individual's free exercise of religion, all religious groups, and all nonreligious groups
the Supreme court has been more willing to allow the government to impose constraints on __ media
broadcast
true democracy __ when the government controls the press
cannot survive
fighting words in doctrine of
chaplinsky v. New Hampshire
the establisment clause is often iterpreted as a seperation of __ and __
church and state
why is freedom of speech important to the democratic process
citizens must be able to publicly criticize their government and citizens must be able to share information and ideas
establishment
clause of the First amendment requires government neutrality toward religious institutions
free exercise
clause prohibits the government from taking hostile action toward individuals' practice of their religion
supreme court decision in Schenck v. US established which of the following test
clear and present danger test
an advertising statement is known as
commercial speech
the freedoms of religion, privacy, and criminal due process encourage which of the following types of engagement
community
fifth amendment prohibits
compelled self-incrimination double jeopardy
fifth amendment prohibits
compelled self-incrimination and double jeopardy
exclusionary rule forbids
courts to admit illegally seized evdience during a trial
opponents of intelligent design claim that the theory is another form of ___
creationism
During world war I, all speech and writings judged to be critical of the US Government were
criminalized
considerations of the lemon test for assessing a government program's relationship with religious institutions
does the program have a secular purpose, does the program have as its principle effect the advancement of relgion, does the program crete excessive entanglement between the church and state
considerations of the lemon test
does the program have as its principal effect the advancement of relgion, does the program actively support a single religious perspective, does the program create excessive entanlgment between the church and state
which of the following standards are included in the obscentity test defined by the supreme court in miller v. california
does the work as a whole lack seriuos literary, artistic, political, or scientific value does the average person applying contemporary standards find that the work appeals to be prurient interest does the work depict in an offesive wy a fomr of sexual conduct specifically prohibityed by anit-obscenity laws
civil liberties advocats concrns regarding the government use of drone
drones may violate privacy rights and drones may obtain evidence for criminal investigations in unconstitutional ways
which of the following arguments relate to the controversy surrounding the Second amendment
easy access to firearms is a threat to public safety and gun ownership creates a free and safe society
how has the government tried to accommodate for the protection against cruel and unusual punishment in regard to implementation of the death penalty
ensuring executions are carried out in the most humane and painless manner possible
slander
false verbal statements about others
libel
false written statements about other that harm their reputation
the bad tendency test remains the standard by which the supreme court allows the government to restrict speech today
false; the court returned to the standard or the clear and present danger test in the 1930s
what system exists to protect the civil liberties of American citizens
federal courts
the Gitilow v. New york, the supreme court determined that an aspect of the ___ amendment applied to the states
first
protected under the first amendmenet
flag burning and publicly addressing a crowd with a speech
The first amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ___ ___ clause
free exercise
The first amendment freedoms that support civic discourse include which of the following freedoms
freedom of assembly, freedom of the press, and freedom of speech
freedoms encourage community and civic engament
freedom of privacy, freedom of criminal due process, the freedom of relgion
whic of the following are essential in order to effectively engage in political life
freedom of speech and freedom to congregate
the courts stance on freedom of assembly cases is often analogous with its stance in
freedom of speech cases
state funding programs, based on the supreme court decision, in lemon v. kurtzman are least likely to withstand scrunity under the establishment clause if the program
has a significant effect on advancing a religion
supreme court decision found that the application of the death penalty was arbitrary and discriminatory and thus, was incompatible with the standards in contemporary society
Furman v. Georgia
Supreme courth determined that privacy rights extend to consesual activity between same sex partners in
Lawrence v. Texas
The ACLU is one the several groups that __ post 9/11 anti-terror meausres such as domestic surveillance wihout warrant
has been critical of
Since the terrorist attacks of september 11, 2001, Americans in general are more likely to accept some infringement of their freedoms
in order to be protected from the possibility of a future terror attack
why has the supreme court placed restrictions upon the freedom to assemble
in order to preserve order and public safety
Civil libertarians are more likely to make which of the following arguments in the wake of 9/11
increased security measures might violate individual freedoms and rights
amendments for right to privacy in the US constitution
interpretation of 4th amendment and itnerpretations of the 5th amendment
The Supreme court ruled that the constitution protects two types of freedom of association, including __ associations, which are close human relationships maintained as part of an individuals personal liberty
intimate
Tinker v. Des Moines
vietnam war protesters could wear black armbands to school, illustrating their political beliefs
US v. O'Brien
vietnam war protesters were prevented from destroying their draft cards because government had a compelling interest that overrode this specific form of protest
All forms of speech are protected under the US Constitution
False
Rank the following interpretations of the establishment clause from most strict to most flexible
1. separation 2. neutrality 3. accommodation
Rank the following Supreme Court standards for restricting speech from the oldest to the newest test
1. the clear and present danger test 2. the bad tendency test 3. the clear and probable danger test 4. the imminent lawless action test
which amendments ensure criminal due process
4th, 5th, 6th, and 8th amendments
percentage of americans said that religion was fairly or very important in their lives
81 percent
the imminent lawless action test is also called the
Brandenburg test and incitement test
the court ruled in reno v. aclu that the internet is more like __ media
in the case of Near v, Minnesota, the supreme court establish a rule against censorship known as
prior restraint
8th amendment
protection against cruel and unusual punishment
which of the following types of speech are protected under the first amendment
pure speech and symbolic speech
due process
refers to the legal safeguards that prevent the government from arbitrarily depriving citizens of their constitutionally protected rights
civil rights
reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory
according to the establishment clause, the government is required to
remain neutral toward all religious institutions
what post 9/11 practice involves moving suspected terrorist to other nations for interrogation
rendition
given the governmental interest in protecting the health of society, commercial speech related to tobacco advertising is
restricted
fighting words
speech that inflicts injury or results in public disorder
first amendment freedoms
speech, assembly, petition, and relgion
pure speech
spoken words communicating ideas, opinions, or information
Mapp v. Ohio, the supreme court extended the exlusionary rule to __ court proceedings
state
which of the following levels of government does the Bill of Rights apply to today
state and federal
In Mapp v. Ohio, the supreme court extended the exlusionary rule to __ court proceedings
states
supreme court decision in 1925 case Gitlow v. NY
states were required to protect freedom of speech as a fundamental liberly
what is one concern in expanding the government's authority during times of national emergency
such actions will limit an individual's first amendment rights
During WWI, the supreme court was more willing to ___ political speech that opposed the war effort
suppress
which of the following elements found in the US Constitution enunciates individual liberties
the Bill of Rights
act of legislation legalized the surveillance of communications without a warrant or court obtained by the US government
the Protect American Act
prior restraint
the attempt to block the publication of material that is considered to be harmful
